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(영문) 광주지방법원순천지원 2020.09.17 2020고단88
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 30, 201, the Defendant was issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

At around 22:50 on January 11, 2020, the Defendant driven DMW car while under the influence of alcohol 0.137% in a section of about 500 meters from the front of the Hacheon-si B to the front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, character and behavior; (c) the Defendant’s character and environment; and (d) his previous conviction (the same shall have the records of being fined twice due to the same kind of crime); (c) the degree of blood alcohol at the time of driving; and (d) the distance of drunk driving;

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